An extraordinary driver’s license (EDL) is granted by the Courts to allow individuals who are currently serving a license suspension or disqualification to continue to drive a vehicle under certain circumstances.
You will be unable to apply for and EDL if:
you are under a roadside disqualification notice from the police
you have a License Suspension Order for unpaid fines or infringements
your license is disqualified because of excessive demerit points (including breaching Double or Nothing), or
your license is disqualified in another state.
How and when do I apply?
Following the disqualification of a driver’s license by a Court, you can make an application to the Court to grant you an EDL. You will need to make an application to the Court which will involve filing an accompanying affidavit, outlining the reasons you believe you should be granted an EDL.
28 days following disqualification, you can lodge your application with the Court. Following the submission of your application, the Court will then issue you with a hearing date which typically takes place within 14 days of the lodgment of your application. The Court will also forward a copy of your application to the Department of Transport who will also attend the hearing.
What does the Court consider when making an application?
The Court will need to be satisfied that in the event you are not granted an EDL, that you or your family will suffer a significant financial disadvantage as a result, such as losing your job. Alternatively, the Court may also grant an EDL for medical reasons. As noted above, you will be required to enclose an affidavit with your application outlining the reasons you need an EDL. The affidavit should include as much detail as possible, as such, it is advantageous to have an experienced lawyer prepare the document to ensure that your application has the greatest chance of success.
What happens at the hearing?
At the hearing, you will be required to provide evidence to the Magistrate, outlining the reasons why you are a suitable applicant for an EDL. The hearing is similar to a criminal trial as you will also be cross examined by a member of the Department of Transport, or a Police Officer. You will also have an opportunity to put your case to the Magistrate. As such, it is again advantageous to have a lawyer appear on your behalf at this hearing to ensure that your application is put before the Magistrate in a positive manner. At the hearing, some of the factors that the Magistrate will take into account when deciding whether or not to grant you an EDL include:
your previous traffic record;
the circumstances and nature of the offence that led to the disqualification;
your conduct since the disqualification;
your financial and medical circumstances;
the safety of the public;
the written character references that you will have provided the Court; and
the degree of hardship to you or your family if you do not obtain an EDL.
Can I drive straight away?
You will be unable to drive your vehicle directly after a successful hearing. The Court will need to take the Order to the Department of Transport for a licence to be issued. The licence will contain certain restrictions, including the class of vehicle that you can drive and the time and days that you can drive.